Manual of Election Law_Volume II - Home: Chief Electoral Officer ...
Manual of Election Law_Volume II - Home: Chief Electoral Officer ...
Manual of Election Law_Volume II - Home: Chief Electoral Officer ...
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139<br />
(6) The papers transferred to each candidate shall be added in the form <strong>of</strong> a sub-parcel to the papers<br />
already belonging to such candidate.<br />
(7) All papers in the parcel or sub-parcel <strong>of</strong> an elected candidate not transferred under this rule shall be<br />
set apart as finally dealt with.<br />
80. Exclusion <strong>of</strong> candidates lowest on the poll.—(1) If after all surpluses have been transferred as<br />
hereinbefore provided, the number <strong>of</strong> candidates elected is less than the required number, the returning <strong>of</strong>ficer<br />
shall exclude from the poll the candidate lowest on the poll and shall distribute his unexhausted papers<br />
among the continuing candidates according to the next preferences recorded thereon; and any exhausted<br />
papers shall be set apart as finally dealt with.<br />
(2) The papers containing original votes <strong>of</strong> an excluded candidate shall first be transferred, the transfer<br />
value <strong>of</strong> each paper being one hundred.<br />
(3) The papers containing transferred votes <strong>of</strong> an excluded candidate shall then be transferred in the<br />
order <strong>of</strong> the transfers in which, and at the value at which, he obtained them.<br />
(4) Each <strong>of</strong> such transfers shall be deemed to be a separate transfer but not a separate count.<br />
(5) If, as a result <strong>of</strong> the transfer <strong>of</strong> papers, the value <strong>of</strong> votes obtained by candidate is equal to or<br />
greater than the quota, the count then proceeding shall be completed but no further papers shall be transferred<br />
to him.<br />
(6) The process directed by this rule shall be repeated on the successive exclusions one after<br />
another <strong>of</strong> the candidates lowest on the poll until such vacancy is filled either by the election <strong>of</strong> a candidate<br />
with the quota or as hereinafter provided.<br />
(7) If at any time it becomes necessary to exclude a candidate and two or more candidates have the same<br />
value <strong>of</strong> votes and are the lowest on the poll, regard shall be had to the original votes <strong>of</strong> each candidate and the<br />
candidate for whom fewest original votes are recorded shall be excluded; and if the values <strong>of</strong> their original<br />
votes are equal the candidates with the smallest value at the earliest count at which these candidates had<br />
unequal values shall be excluded.<br />
(8) If two or more candidates are lowest on the poll and each has the same value <strong>of</strong> votes at all counts<br />
the returning <strong>of</strong>ficer shall decide by lot which candidate shall be excluded.<br />
81. Filling the last vacancies.—(1) When at the end <strong>of</strong> any count the number <strong>of</strong> continuing candidates is<br />
reduced to the number <strong>of</strong> vacancies remaining unfilled, the continuing candidates shall be declared elected.<br />
(2) When at the end <strong>of</strong> any count only one vacancy remains unfilled and the value <strong>of</strong> the papers <strong>of</strong> some<br />
one candidate exceeds the total value <strong>of</strong> the papers <strong>of</strong> all the other continuing candidates together with any<br />
surplus not transferred, that candidate shall be declared elected.<br />
(3) When at the end <strong>of</strong> any count only one vacancy remains unfilled and there are only two continuing<br />
candidates and each <strong>of</strong> them has the same value <strong>of</strong> votes and no surplus remains capable <strong>of</strong> transfer, the<br />
returning <strong>of</strong>ficer shall decide by lot which <strong>of</strong> them shall be excluded; and after excluding him in the manner<br />
aforesaid, declare the other candidate to be elected.<br />
82. Provision for re-counts.—(1) Any candidate or, in his absence, his election agent or counting<br />
agent may, at any time during the counting <strong>of</strong> the votes either before the commencement or after the<br />
completion <strong>of</strong> any transfer <strong>of</strong> votes (whether surplus or otherwise) request the returning <strong>of</strong>ficer to re-examine<br />
and re-count the papers <strong>of</strong> all or any candidates (not being papers set aside at any previous transfer as<br />
finally dealt with), and the returning <strong>of</strong>ficer shall forthwith re-examine and re-count the same accordingly.<br />
(2) The returning <strong>of</strong>ficer may in his discretion re-count the votes either once or more than once in any<br />
case in which he is not satisfied as to the accuracy <strong>of</strong> any previous count: